What happens if an employee covertly records a disciplinary or grievance meeting at work?
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- เผยแพร่เมื่อ 6 ม.ค. 2021
- Employees sometimes covertly record meetings. Employers worry that they might be caught out saying something unwise, and try to prevent covert recordings. This video (a cartoon explainer of episode 25 of my podcast) considers:
- whether covert recordings are admissible in employment tribunals
- whether employers can discipline employees for making covert recordings
- nine points on covert recordings
- how to get transcripts of recorded conversations
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I'm Daniel Barnett, an employment law and HR barrister. I advise and represent clients in employment tribunal litigation. I have my main website (www.danielbarnett.co.uk) and work out of a set of Chambers in London (www.outertemple.com). I have a weekly podcast (go.danielbarnett.com/podcast) and am often asked to speak on the national and international legal and HR lecture circuits. I’ve written about fifteen legal textbooks (the main one is www.employmentlawhandbook.co.uk) and run a membership club for smart, ambitious HR Professionals (www.hrinnercircle.co.uk). I present the legal hour on LBC Radio (www.lbc.co.uk), the UK’s leading commercial talk radio station, at 9pm every Saturday night.
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IMPORTANT INFORMATION:
This video is published by Employment Law Services Limited. The information in this video is for general guidance only and, although the presenters and publisher believe it was correct at the time it was recorded (summer 2020), the law may have changed since then. You should always seek your own independent legal advice. Please note that for employment law, the law explained applies to England, Scotland and Wales. For all other areas of law, it applies to England only.
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Always record it, it’s to protect yourself from lying employers
100% It seems to be commonplace lying employers.
I'm currently going through this at work. My employer told me it is "illegal" to recorded because I have broken GDRP (Data protection). As far as I can tell that is not the case. Our policy states you cannot record but doesn't state why or list the sanctions if caught. Something I know now but had to discover for myself when I asked to see the regulation because they simply told me to look online. I refused to cease recording till I had cause to do so. It's stirred a real hornet's nest. Just fyi I way only doing it for my own records, my memory is not the greatest and yes my own safety. Management can close ranks real quick when they need too
If u are in the uk speak to ico and the paw states if u are recording for personal reasons then you are not covered by the act so its fine
You are protecting your employee rights because deep down you know they will stuff you over keep doing it but be careful.
Large employers have way too much power over their employees.
As it is covert though, the employer wouldn't be able to take disciplinary action, as they wouldn't know the recording existed unless the employee revealed it. Even then, they may not be able to prove it was the employee who recorded it. If it was used to leak information to the Press, for instance.
My understanding is, any recordings made are admissible in an Employment Tribunal, as i had done this myself (phone call).
did you win? I bet your employer was shitting themselves 😅
I was injured in NHS (line of duty) & abandoned not one lawyer wanted to help me. It took me 13 years & 2 tribunals. I proved Poole Hospital acted unprofessionally & I WON! Mean while managers not apologised properly nor paid me compensation
Well done. And for exposing the corrupt legal system & naming the trust (i used to work there).
Daniel Barnett is as corrupt as they come.
I was harassed by my previous landlord she lived in the property next door. It all started over parking and they wanted to evict me and seems that her husband a senior barrister had drawn up a sham licence agreement. I was after many threats of legal action given a section 21 notice. Because of the harrasment which I won't go into in entirety, I secretly recorded the landlord during an inspection for evidence purposes and got an admission that backed up her sticking her middle finger up at me. There has been many court cases now regarding housing, employment, and consumer law in which case law is transferable because of the imbalance between the contracting parties. So there is no reason to say that secret recording could not also be used to gather evidence if you are a tenant, a service user, consumer or employee.
is it lawful to record a meeting… For instance… i recently recorded my online hearing of appeal, on which concluded a positive result, and now they’ve changed their decision in a written letter this breaking breech of their own rule… “Once a member renders a decision in relation to the applicant he/she lacks any power to re-examine that decision”
as this decision has already been made in promise of award, therefore this change of decision after my appeal is by their own rule unjust and unlawful …
i have requested a full transcript of the appeal and in a basic response they said it’s not on record!!
Really interesting coverage of a topic vital to many who like me find it a challenge to take in everything being said within the meeting, or to recall it accurately.
However, when suggesting the employer makes the recording you didn't mention this being offered to the employee in a format of their choice eg MP3 file to listen on a phone (or how long the employer would keep it).
Literally what I would do. I have worked in places where they hide their notes.
good video. if there is a recording and transcript, do the jusges make an effort to listen to the recording? If this is the only evidence?
Thank you Daniel. This was very useful.
I had to have a few days off work last week due to the mental toll that a supervisor was having on me. He's a volatile bully. A meathead who needs a victim. He's been treating me unfairly, taking his anger out on me and accusing me of things I hadn't done.
I'm sure it's because he sees me as a bit of a 'soft touch'
If I question or try to explain the circumstances about ANYTHING that he's biting my head off about, in his eyes, I've got a 'bad attitude' 🙄
On arriving back to work this morning, THE SAME SUPERVISOR conducted my 'return to work meeting'!!
Just me and him in a small office!
You can bet your arse I recorded it!!
What if you are an employee and employer has a no recording on site policy
How about loosing store Approval un fairly
outstanding 😊👍
Another really useful video. Many thanks.
I thought the general rule was that you are allowed in the UK to record covertly ANY conversation that you yourself are a part of, but illegal to record conversations you are not personally participating in.
*The Fleming case the employee was not part of the conversation.*
3:22
6:25
7:32
8:13 How is that unusual
9:09
Can i go to the store for half hour training when they reject my store Approval?
Law of the land common law
Hello Daniel, BARNETT here
overtly record everything as an employer, but doing this as an employee you might be in breech of a ccontract?!?! video evidence is real life why would it ever be disallowed? doesnt make sense to me...not interested in ur law game.. life is life. video records life, why would it ever be a problem to use that. sounds like nonsense to me.
It's July 21st July 2023 its Rasta Christmas on the 23rd
Common Law trumps any other law Mr Barnett. Under both common law AND statutory law, there is a right AND DUTY to gather evidence of wrongdoing. I've covertly recorded many meetings that have caught employers with their pants down, & have saved plenty of peoples' jobs or got them compromise deals by doing so. So - your advice is dangerous & harmful. SHAME ON YOU.